35 U.S.C. § 390 — Publication of international design (MPEP Coverage Index) – BlueIron IP

35 U.S.C. § 390 Publication of international design

Source: Patent Statute (35 U.S.C.)BlueIron Update:

This page consolidates MPEP guidance interpreting 35 U.S.C. § 390, including 4 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Summary

This section covers the availability of published international design applications, including how to obtain copies of specifications, drawings, and related documents from these applications upon request and payment of a fee.

What this section covers

  • Defines that this section covers the availability of published international design applications for inspection.
  • Provides guidance on obtaining copies of specifications, drawings, and related documents from published international design applications.

Key obligations

  • Practitioners must request copies of the specification, drawings, and related documents from published international design applications.
  • There is no obligation to provide copies of abandoned or withdrawn applications unless specifically requested.

Practice notes

  • Advise practitioners to ensure they request all necessary documents for a comprehensive understanding of the published application.
  • Warn against requesting copies of abandoned applications unless specifically needed, as they may not be available or up-to-date.

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22